Often, the repossession of several residences at the same time by the owner can be badly looked upon by the tenants and even by certain adjudicators at Québec Rental Board. Nevertheless, don't be discouraged by first impressions. When you properly prepare your repossession plan with the help of a legal adviser, ambitious but legitimate projects are possible before the Québec Rental Board.
The following example shows that the repossession of several residences simultaneously is possible. Within the framework of these cases1, the owner repossessed three of the four dwellings in his building. The project was quite involved as it included combining two dwellings into one large dwelling in the shape of a cottage to be occupied by the owners and a third dwelling for the owner's father. Exceptionally, the three tenants are members of the same family. Here, the repossession was granted for the three residences and moving expenses were granted to the three tenants.
These three decisions show us that ambitious projects can be realistic. On the other hand, you should avoid blindly embarking on such a project.
At the hearing, you will need to prove just as the owner did in our example, that the project can be successfully carried out on all levels: financially, obtaining approval from the municipal authorities, and that the owner is determined to see the project through to completion. The project's complexity isn't the most important aspect, but rather its feasibility and the seriousness of the undertaking. In the example give above, in addition to testifying to his intentions and his financial ability, the owner had also obtained a permit from the municipality, including a cancellation of address (in view of the amalgamation of two residences). Failure to complete one or more of these steps will probably cause the owner's plans to fail.
In all housing repossession plans, the adjudicator will be particularly concerned with the credibility of the owner's testimony and, if necessary, of the person for whose benefit the repossession is being carried out. The adjudicator's examination of the facts of the case can go as far as to point out a small error or contradiction between the dates of the events surrounding the repossession of the dwelling. Small errors can adversely influence the adjudicator's decision.
In all cases, consult a qualified legal adviser before starting your project and sending the repossession notice in order to ensure that you are properly counselled on structuring your plans to give them the best possible chances of success.
1 31101029070G; 31 101029 071G ; 31 101130 125G